Popular mixtape creator DJ Drama was thrown in jail this week, and producer …

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The line between "theft" and "inspiration" can be a fine one in the arts. To see just how confusing it still is to many people, consider the recent UK dustup over an allegation that novelist Ian McEwan plagiarized portions of Atonement from a mid-century nursing memoir—even though McEwan mentioned the memoir as a research source and used no verbatim passages from that work. Other novelists leapt to his defense, aghast that "research" had somehow become "theft." But what happens when the borrowing isn't quite as subtle? Two US hip-hop controversies make it clear that the debate over what constitutes illegal copying is still a live one.

First up: DJ Drama, who found himself in a bit of real drama this week after cops raided his office and threw him in jail. The police were acting on a tip from the RIAA, which is the tiniest bit unhappy about DJ Drama's "Gangsta Grillz" mixtape albums. Mr. Drama (aka Tyree Simmons) also had 81,000 discs confiscated, along with four vehicles and his recording gear, according to the New York Times.

The RIAA isn't pleased with "Gangsta Grillz," which are rap compilations that usually contain unlicensed music. The albums are widely seen as promotional tools by the rappers who willingly participate, but formal permission to use the tracks is not obtained from the record labels who own the rights to them. The mixtape scene has thrived for years without arrests, so the sudden bust of a high-profile figure came as something of a shock.

It's not clear that the individual record labels were consulted about whether they in fact wanted DJ Drama thrown in jail; his albums provide excellent publicity for featured artists and are still available on iTunes. Drama also has a recording deal with Atlantic, which is planning to release a "Gangsta Grillz" record of its own. He now faces a felony racketeering indictment under the US RICO statute.

Just "do it"

He's not the only one in trouble over unlicensed copying. Superstar producer Timbaland has been accused of ripping off a Finnish 4-track Amiga .MOD demo for use on Nelly Furtado's recent song "Do it."

The track in question is called "Acidjazzed Evening," and it's a product of Janne Suni, who entered in the Assembly 2000 "demoscene" contest held in Helsinki. The track was a catchy lo-fi tune that was subsequently (and with permission) recreated on a Commodore 64 in 2002. It then showed up—in apparently identical form—on the new Furtado song (see a video clip of the two songs).

Though "Acidjazzed Evening" had been freely distributed, Suni had never given up his copyright to the piece and claims that he was never contacted by Timbaland or anyone else over rights to the song. Suni has retained the services of a law firm, though he has given no details on what he plans to do; a lawsuit would certianly be expected if behind-the-scenes negotiation fails to secure a deal.

These cases aren't truly comparable to McEwan's, of course. Though he borrowed historical detail and specific incidents from his sources, McEwan transformed them into something new, using his own words and characters. Both music producers are accused of wholesale copying, a very different thing from the "she stole my melody line" lawsuits that occasionally pop up in the music world.